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Appendix B1 Biological Resources Conservation Plan THIS PAGE INTENTIONALLY LEFT BLANK TABLE of CONTENTS Appendix B1 Biological Resources Conservation Plan THIS PAGE INTENTIONALLY LEFT BLANK TABLE OF CONTENTS B1.1 Introduction ................................................................................................................................ B1-1 B1.2 Regulatory Framework .............................................................................................................. B1-2 B1.3 Overview of Biological Resource Issues ................................................................................... B1-6 B1.4 Biological Resource Mitigation Measures ............................................................................... B1-49 B1.5 Biological Monitoring Requirements ...................................................................................... B1-92 B1.6 Literature Cited ........................................................................................................................ B1-93 Attachment A – Biological Resources Survey Requirements Attachment B – Biological Resources Monitoring Plan Framework Attachment C –Wildlife Variance Management Plan Framework Attachment D – Migratory Bird Nest Management, Monitoring, and Nesting Plan Framework Attachment E – Clay Phacelia and Deseret Milkvetch Suitable Habitat Parameters Attachment F – Uinta Basin Hookless Cactus Survey Protocol Attachment G – Seasonal and Spatial Restrictions for Biological Resources Energy Gateway South Transmission Project B1-i Plan of Development Appendix B1 – Biological Resources Conservation Plan November 2016 THIS PAGE INTENTIONALLY LEFT BLANK LIST OF ACRONYMS APLIC Avian Power Line Interaction Committee BA Biological Assessment BE Biological Evaluation BIA Bureau of Indian Affairs BLM Bureau of Land Management BO Biological Opinion CFR Code of Federal Regulations CIC Compliance Inspection Contractor Company PacifiCorp CSU Controlled surface use DPS Distinct population segment EIS Environmental Impact Statement EPG Environmental Planning Group, LLC ESA Endangered Species Act FLPMA Federal Land Policy and Management Act FR Federal Register FWS U.S. Fish and Wildlife Service GHMA General Habitat Management Area GIS Geographic information system kV Kilovolt LUPA Land use plan amendment MBTA Migratory Bird Treaty Act MIS Management indicator species NEPA National Environmental Policy Act NEP Nonessential Experimental Population NERC North American Electric Reliability Corporation NFMA National Forest Management Act PHMA Primary Habitat Management Area POD Plan of Development Project Energy Gateway South Transmission Project RMP Resource management plan ROD Record of Decision UDWR Utah Division of Wildlife Resources U.S.C. United States Code USFS U.S. Forest Service WGFD Wyoming Game and Fish Department Energy Gateway South Transmission Project B1-iii Plan of Development Appendix B1 – Biological Resources Conservation Plan November 2016 THIS PAGE INTENTIONALLY LEFT BLANK APPENDIX B1 – BIOLOGICAL RESOURCES CONSERVATION PLAN B1.1 Introduction The purpose of the Biological Resources Conservation Plan for the Energy Gateway South Transmission Project (Project) is to assist the federal land-management agencies and Project personnel in meeting their obligations to protect biological resources during the planning, design, and implementation of the Project. The plan includes information on (1) regulatory requirements and agency concerns pertaining to biological resources, (2) anticipated and permissible impacts on biological resources associated with the Project, and (3) mitigation measures, stipulations, protocols, and/or techniques required to reduce these impacts. The information contained in the Biological Resources Conservation Plan was developed in collaboration with agency resource specialists using information contained in the Final Environmental Impact Statement (EIS), the U.S. Forest Service (USFS) Biological Evaluation (BE), and the Biological Assessment (BA) and Biological Opinion (BO) prepared for the Project. Compliance with the stipulations contained in the Biological Resources Conservation Plan is required to maintain compliance with these documents. The plan provides information regarding the distribution and abundance of particular biological resources that was developed using data provided by relevant agencies and will be updated to include information gathered through resource surveys conducted along the right-of-way prior to completion of the Plan of Development (POD). Prior to completion of the POD and final engineering design of the Project and initiation of the Geotechnical Investigation, surveys will need to be conducted to collect biological resource information for the Project. The survey requirements and approved methodologies are presented in Attachment A – Biological Resources Survey Requirements. Some biological resources exhibit natural annual variation in their abundance, distribution, and detectability. As described in this plan, some biological resources must be monitored before, during, and after construction activities to collect information about their condition and inform the application of conservation and mitigation measures in the field. Detailed biological monitoring requirements are described in Attachment B – Biological Resources Monitoring Plan. The plan does not identify mitigation measures for aquatic or riparian resources. Riparian resources are addressed in Appendix B3 – Water Resources Protection Plan. B1.1.1 Plan Updates This plan will support the draft POD sufficiently to complete and execute the Bureau of Land Management (BLM), USFS, and Bureau of Indian Affairs (BIA) Records of Decision (RODs) for the Project. This plan will be updated and refined through the development of the POD as biological surveys and engineering design are completed to meet any stipulations of the RODs, BLM and USFS biological resource management policies, BLM right-of-way grant, USFS special-use authorization, and BIA encroachment permit and grant of easement before issuance of the Notice(s) to Proceed and commencement of construction. The Construction/Construction Contractor(s) will be responsible for preparing and implementing the POD. Energy Gateway South Transmission Project B1-1 Plan of Development Appendix B1 – Biological Resources Conservation Plan November 2016 B1.2 Regulatory Framework The following provides an overview of regulations applicable to biological resources that have been considered in the development of this plan. B1.2.1 Federal Laws and Regulations Endangered Species Act (ESA) of 1973 requires federal agencies to consult with the U.S. Fish and Wildlife Service (FWS) to ensure that actions they authorize, fund, or carry out are not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of designated critical habitat. Take of ESA-listed species is prohibited without specific exceptions or permits issued under the ESA. Under the ESA, the definition of “take” includes harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct. The FWS has further defined harm to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing behavioral patterns, such as breeding, feeding, or sheltering. Federal Land Policy and Management Act (FLPMA) (43 United States Code [U.S.C.] 1701) as amended, consolidates and articulates BLM and USFS management responsibilities and governs most uses of federal lands, including authorization to grant or renew rights-of-way. In accordance with FLPMA, BLM, and USFS must make land-use decisions based on principles of multiple use and sustained yield. A grant of right-of-way must be limited to its necessary use and contain terms and conditions that reflect the agencies’ management responsibilities under FLPMA, including minimizing impacts on biological resources. Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703) makes it unlawful to pursue, hunt, take, capture, kill, or possess any migratory bird, part, nest, or egg of such bird listed in wildlife protection treaties among the United States and Great Britain (on behalf of Canada), Mexico, Japan, and the former USSR. This act also contains a clause that prohibits baiting or poisoning of these bird species. A list of species covered by the MBTA can be found in Title 50, Code of Federal Regulations (CFR), Section 10.13. The MBTA applies to many bird species, including raptors, and protects them from prohibited activities during construction, operation, and maintenance of the Project. Executive Order 13186 (Migratory Birds) requires federal agencies to protect migratory birds and to consider impacts on migratory bird species during Project planning. The federal agencies are directed to develop and implement a Memorandum of Understanding with the FWS to promote conservation of migratory bird populations. BLM MOU WO-230-2010-04 (Memorandum of Understanding between the U.S. Department of the Interior Bureau of Land Management and the U.S. Fish and Wildlife Service to Promote the Conservation of Migratory Birds) directs the BLM to evaluate the effects of the BLM’s actions on migratory birds on a project level and implement approaches to reduce these effects. Forest Service Agreement #08-MU-1113-2400-264 (Memorandum of Understanding Between the U.S. Department of Agriculture Forest Service and the U.S. Fish and Wildlife Service to Promote the Conservation of Migratory Birds) identifies specific activities where
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